In re Marrone

OPINION OF THE COURT

Peter J. Kelly, S.

In this proceeding by decedent’s surviving spouse to compel the executor to set aside and deliver exempt property in compliance with EPTL 5-3.1 (a) (5) and (6), petitioner moves for an order granting summary judgment. Respondent executor cross-moves for summary judgment dismissing the petition and for attorney’s fees and costs.

Prior to their marriage, decedent and petitioner entered into a prenuptial agreement. The agreement provides, in part, as follows:

“ARTICLE VIII

“MARRONE WILL

“Except as otherwise provided herein, MARRONE shall have the right to…